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Federalism and State Obligations in the Constitution

This chapter explores the obligations the Constitution places on the National Government with regard to the States, the process for admitting new States to the Union, and the areas of cooperative federalism. It also discusses key terms such as enabling act, act of admission, and grants-in-aid programs.

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Federalism and State Obligations in the Constitution

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  1. Chapter 4: FederalismSection 2

  2. Objectives Summarize the obligations that the Constitution places on the National Government with regard to the States. Explain the process for admitting new States to the Union. Examine the many and growing areas of cooperative federalism.

  3. Key Terms enabling act:an act directing the people of a U.S. territory to frame a proposed State constitution act of admission:an act creating a new State grants-in-aid program:grants of federal money or other resources to the States and their cities, counties, and other local government units

  4. Key Terms, cont. categorical grant:a grant made for a specific, well-defined purpose block grant:a grant given for a broadly defined purpose project grant:a grant made to States, local governments, or private agencies that apply for funds to carry out a project or provide training

  5. Introduction According to the Constitution, what must the National Government guarantee to each State? A republican form of government Protection from invasion and internal disorder Respect for territorial integrity

  6. Guarantees and Protections The Constitution guarantees each State a republican form of government. This guarantee is interpreted to mean that each State must have a representative government. The Federal government must protect the States from invasions and domestic violence. Federal force has rarely been used to restore order inside a State, though it happened in the 1960s during the civil rights movement.

  7. Other Protections Presidents normally send in troops by State request, but if national laws, functions, or property are endangered, they do not need to wait for a request. The national government must recognize the legal existence and physical borders of each State. Each State must be represented in the U.S. Congress.

  8. Admitting New States The Northwest Ordinance of 1787 set the rules for admitting new States. It established the principle that U.S. territories could become equal members of the nation once they had a high enough population. Only Congress can admit new States. A new State cannot be made from the territory of any existing States without their consent.

  9. Admitting New States, cont. Congress has admitted 37 States since the nation was founded. Most States spent at least 15 years as part of territories before admission. In 1959, Hawaii and Alaska became the last two States added to the Union.

  10. Territorial Expansion of the U.S.

  11. Admission Procedure Checkpoint: What must a territory do once an enabling act is passed by Congress? An area desiring Statehood first asks Congress for admission. If Congress agrees, it passes an enabling act. The territory must then hold a convention to write a proposed constitution. This constitution must then be approved first by territorial voters and later by Congress.

  12. Admission Procedure, cont. If Congress approves the State constitution, it passes an act of admission, which the President must then sign to admit the new State. Congress may require a State to meet certain conditions before being admitted. For example, Utah was not admitted until it outlawed polygamy. These conditions cannot interfere with a State’s independent right to manage its own internal affairs.

  13. Louisiana Becomes a State • The Louisiana Territory was bought by President Thomas Jefferson from France in 1803. This purchase nearly doubled the size of the United States. • By 1810, 77,000 people lived in the area of what is now the State of Louisiana and they wished to acquire Statehood. • In 1812, Louisiana became the 18th State.

  14. Federal Grants Congress began granting federal lands and money to the States early in the nation’s history. Land grants were often used to establish schools, colleges, and roads, while cash grants were less common until the 1930s. Today there are more than 500 grant programs offering about $300 billion. States often depend on this money to fund services, which increases the influence of the federal government in many policy areas.

  15. Types of Federal Grants Congress sets aside money for three types of grants-in-aid: Categorical grants must be used only for a specific purpose. They require States to contribute their own funds, have an agency monitoring the grant, and obey federal guidelines for using the grant money. Block grants have broader goals and fewer strings attached. Project grants fund various State and local projects.

  16. Types of Federal Grants, cont.

  17. Other Types of Aid Federal organizations help many State institutions do their jobs. The FBI assists State and local police. The U.S. military trains and equips State National Guard Units. The federal government also pays local governments the equivalent of property taxes on federal land. State governments assist the national government in many ways. State and local governments pay for and organize the election process.

  18. Review Now that you have learned about what the Constitution must guarantee to each State, go back and answer the Chapter Essential Question. Is the federal system the best way to govern the United States?

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